Today’s,discussion is about motions/variances to change an existing child support order. I will admit,filing a notice of motion,is a lot more complicated than it should be,and it can be a bit confusing considering all the bureaucracy, you have to go through to achieve it.
On one hand,you have the clerk’s office saying you need to use forms 14/14A/14C/6B/13/ and a copy of the table of contents for the continuing record. On the other hand the FRO, says I have to use forms 15/15A, and for once I agree with THE FRO.
Why? because forms 15/15A are more detailed and formatted to include the changes,that need to be included to file notice of motion,for a variance of a existing child support order. Form15 is a change of information form/Motion to change support,and 15A is a consent to change support form.
Check forms 15 & 15A by clicking the links below,and you will see for yourself that these forms, are more detailed and if filled out properly will provide,all the information needed by the court to vary/change an existing child support order.
The other option with these forms,is that the FRO is the only party,that needs to be served these forms through the court. However,you still have to get your ex’s consent by letting her or her attorney read form 15, and see if it is acceptable or not,and if it is,all that is needed in her signature,and a witnesses signature.
I have decided to use forms 15 and 15A, and I’m going to ask for legal advice to find out if any other documents are required to file with the court,along with form15 & 15A.
However, you still have to keep in mind,that the court uses it’s own discretion,when deciding whether or not to change an existing support,and that’s a known fact,even if the information provided shows there has been a change of circumstances.
That’s the sad truth father’s, if you read the divorce act it says under the constitution that they are infringing on our rights,according to the human rights act.But; because these amendments are in the best interest of the children,this negates our rights as fathers.
Her’s a link to the divorce act
Pay attention to the sections on child support and variances. It’s an interesting read to say the least.
That’s it for today Father’s,thanks for listening……………………..Brian